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Friday, December 7, 2012

Zeek Defenders Finally Moved... Hilarity Ensued

On November 30th, Dave Kettner, his wife, and one other person filed a paper through the Fun Club USA attorney Michael Quilling to the court that wants an "examiner" appointed as voice of the Zeek members affected.

According to the Receiver this case is the largest case of its type ever filed in the United
States in terms of the number of potential victims and participants. According to the Receiver’s
estimates there may be 2.2 million Affiliates located around the world. Many of the actions being taken and proposed by the Receiver may substantially and irreparably impact their rights. It is impractical for the Affiliates to each retain counsel and appear in this case. Many of them cannot afford to do so. The Affiliates need representation of their interests in this case and Movants request that the Court appoint Michael J Quilling as Examiner in these proceedings to represent the collective interests of the Affiliates and all creditors of the receivership estate and that the Examiner and his counsel be compensated out of the receivership estate.

Consider the simple question... Who Benefits from appointment of examiner, ignore their version of explanation for the moment?

Examiner -- An official or other person empowered by another—whether an individual, business, or government agency—to investigate and review specified documents for accuracy and truthfulness.

FACT: You'd only need an examiner if the receiver's NOT doing his job, and needs to be audited/verified. Examiner is an ANTAGONIST to the receiver.

FACT: There was no call for examiner UNTIL he started sending out pre-clawback subpoenas.

Thus, it's quite clear that when Kettner wrote "collective interest of the affiliates", he meant "those who benefited from Zeek" (about 100000 of them, per Receiver's October 31st, 2012 update), not all 2.2 million Zeek victims as he was implying.

After all, there are TWO kinds of affiliates... those who gained money and those who LOST money. Receiver's job is to make things equitable again: take money from those who gained, and give them back to those who lost money, so everything is back to the way it was (or as much as possible).

So what is the examiner supposed to be doing again? Is it implying that receiver is NOT representing the affiliate's interests? Or is doing his job TOO WELL and needs to be shackled?

Who benefits? (by creation of an examiner) The beneficiaries of Zeek Ponzi.

But what's *really* hilarious is... the "motion" says not only should the receiver appoint an examiner to fight himself at every step, the receiver should also PAY the examiner out of existing Zeek funds out already seized.

Yep, ask the receiver to PAY for a ball and chain on his own ankle. Yeah right. (sarcasm)

And what sort or precedent does Quilling cite to support the need for such an examiner? Only two cases... one of which Quilling served as a receiver and ended up paying the examiner 1 MILLION in salary.

Furthermore, Quilling had listed himself as representing Fun Club USA and individuals who were identified as having benefited from Zeek ponzi. Therefore even if an examiner was allowed, it certainly won't be Quilling, who's hardly a neutral third party.

In other words, not only is this motion unlikely to be granted in the first place, even if it was granted, the filing attorney will NOT be the examiner.

Another case of Fun Club USA wasting donated money on frivolous motions.

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